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Read our latest Financial Settlements guide (2021)

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Clean Break Pension

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DBournemouth
Posted by
Junior Member

15 Aug 24 #523744 by DBournemouth

Topic started by DBournemouth

My Ex is saying they are happy to part ways and happy for both to not touch pensions but is saying a pension statement is needed for their solictor to look at. Is this needed?

WYSPECIAL
Moderator

15 Aug 24 - 15 Aug 24 #523745 by WYSPECIAL

Reply from WYSPECIAL

The court will want to have details of assets so that they can see that the proposed Consent Order isn’t grossly unfair to one party. Pensions are usually one of the biggest assets.

Has your ex changed their mind about appointing a solicitor?

Last edit: 15 Aug 24 by WYSPECIAL.

DBournemouth
Posted by
Junior Member

15 Aug 24 #523747 by DBournemouth

Reply from DBournemouth

They are saying they don't have any money to appoint a solicitor but are going to apply for the pension statement.

They are currently living in a property with their new partner brought for 180k back in 2017 would this be taken into account as well?

WYSPECIAL
Moderator

16 Aug 24 #523748 by WYSPECIAL

Reply from WYSPECIAL

Yes, their share of it will need to be listed on form E or form D81 as an asset.
It also means they are adequately housed.

DBournemouth
Posted by
Junior Member

16 Aug 24 #523749 by DBournemouth

Reply from DBournemouth

thanks for the answer but as always follow up,

if they are not on the mortgage it would not need to be included on the forms?

Rickoshea
Platinum Member

16 Aug 24 #523750 by Rickoshea

Reply from Rickoshea

Are they named on the deeds/title or married? If they have no claim on the property then probably not to be included though they still remain "adequately housed" as per other point

DBournemouth
Posted by
Junior Member

16 Aug 24 #523751 by DBournemouth

Reply from DBournemouth

I would say they are not so happy with that.

would me renting be thought of? I am looking to buy and have enough savings for a deposit which I have included in the forms as savings. so if she asks for money from that I hoping to off set it by her living with new partner.

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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